Sunday, August 29, 2010

Eminent domain, by any other name . . . still stinks

Imagine you come home from work one day to a notice on your front door that you have 45 days to demolish your house, or the city will do it for you. Oh, and you’re paying for it. This is happening right now in Montgomery, Ala., and here is how it works: The city decides it doesn’t like your property for one reason or another, so it declares it a “public nuisance.” It mails you a notice that you have 45 days to demolish your property, at your expense, or the city will do it for you (and, of course, bill you). Your tab with the city will constitute a lien on your property, and if you don’t pay it within 30 days (or pay your installments on time; if you owe over $10,000, you can work out a deal to pay back the city for destroying your home over a period of time, with interest), the city can sell your now-vacant land to the highest bidder. Alabama law empowers municipalities to do just this. Officials can demolish structures that they determine, “due to poor design, obsolescence, or neglect, have become unsafe to the extent of becoming public nuisances…and [are] causing or may cause a blight or blighting influence on the city and the neighborhoods in which [they are] located.” Keep in mind, so-called standards like “obsolescence” are so vague they can mean anything, so even a well-maintained home that government officials don’t like the look of can be fed to the bulldozers...more

This happening in a predominately black community but it looks like the folks, with the help of the Institute for Justice, are fighting back.

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